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Title: Gay Teacher Files Federal Discrimination Lawsuit Against Catholic School
Source:
Breitbart
URL Source: http://www.breitbart.com/big-govern ... wsuit-against-catholic-school/
Published: Jul 2, 2015
Author: DR. Susan Berry
Post Date: 2015-07-02 09:06:57 by cranky
Keywords: None
Views: 1562
Comments: 16
Flint Dollar, who is represented by attorney Charles E. Cox, Jr., says he signed a contract with the school on May 1, 2014 and announced to school officials he would be marrying his gay partner the following October without any objection from them, reports The Telegraph. He was fired three weeks later. However, a 13WMAZ News report from May 24, 2014 states Dollar said “school officials made the change because Dollar announced on Facebook that he planned to marry his male partner of 6 years.” According to the Telegraph, Dollar states in his lawsuit that he met with school president David Held in January of 2011 after being asked about teaching band at the school, and that during the meeting, Dollar told Held he was gay and living with his partner. The band director, who was hired in April of 2011, claims the school’s faculty handbook does not state teachers must be either members of the Catholic Church or require faculty to adhere to the Church’s teachings. Held issued a statement last year indicating that Dollar was not fired because he is gay, but because same-sex marriage is against the teachings of the Catholic Church. Dollar, however, alleges he was fired because his same-sex marriage was unacceptable due to the Catholic school’s “traditional gender stereotypes.” In his lawsuit he states the Academy never informed him that a school employee could be fired for not adhering to the Catholic Church’s doctrine regarding marriage and that he was not aware of the school’s position on the issue. The former Academy band director also reportedly claims the school has not fired heterosexual employees who live together while not married and who have been divorced and remarried – behaviors which are also against the teachings of the Church. Additionally, his suit charges that the school has employed non-Christian staff members. The board of trustees of Mount de Sales Academy supported Dollar’s removal, stating the Academy’s mission is “to provide a high quality education based in teachings of the Catholic Church.” A statement from the Diocese of Savannah read that it “supports the decision of the Board of Trustees at Mount de Sales Academy in Macon not to employ Mr. Flint Dollar for the 2014-2015 school term.” A group of about 60 students, parents, and others protested the trustees’ decision not to invite Dollar back to the school. Some held signs with the words of Pope Francis: “Who am I to judge?” Held invited the protesters into the school to discuss why Dollar was told not to return to the school. He explained that the Academy must follow the teachings of the Church. Earlier this year, the U.S. Equal Employment Opportunity Commission issued its statement that “there is reasonable cause to conclude” that Dollar had been discriminated against based on his sexual orientation. According to the Telegraph, Dollar’s lawsuit seeks a jury trial, claiming that the school acted with malice or reckless indifference to Dollar’s rights as protected by the federal government. The suit seeks back pay, job reinstatement, compensation for his emotional pain and suffering, and attorney’s fees for Dollar. Patrick Reilly, president of the Cardinal Newman Society – which serves “to promote and defend faithful Catholic education,” said last Friday following the Supreme Court’s ruling that legalized same-sex marriage nationwide, “[W]e call on Catholic educators to stand firm in the truth, with the conviction of faith. No matter how difficult it gets to maintain Catholic schools and colleges in a hostile culture, Catholic education can never waver on the definition of marriage.” “Our young people need to hear the truth from their teachers, now more than ever,” Reilly said. “We will continue to promote and defend those faithful institutions that teach the truth, and we will expose any Catholic institution that denies it.” In an interview Monday with the Newman Society, Dr. Andrew Abela, provost of The Catholic University of America (CUA), spoke about the importance for Catholic institutions of learning to hire individuals faithful to the teachings of the Church. “We do expect our faculty to support the mission of the University to discover and impart the truth through excellence in teaching and research, faithful to the teachings of Christ and the Church,” Abela said. “It’s important to hire faithful Catholic faculty because we have, as a Catholic university, a certain view of reality laid out in the Apostles’ and Nicene-Constantinopolitan Creeds. We promote this view of the world by hiring professors who share it.” “The influence of faith on our studies is not just intellectual,” Abela added. “Faith makes demands on how we behave.” 
Following the Supreme Court’s ruling on same-sex marriage last Friday, a gay teacher who formerly served as band director at Mount de Sales Academy in Macon, Georgia has filed a federal lawsuit against the Catholic school claiming discrimination because of his sexual orientation.
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Begin Trace Mode for Comment # 13.
#13. To: cranky, misterwhite, sneakypete, A K A Stone (#0)
(Edited)
From the Employment Contract, Doc 1-2. (a) The first ninety (90) days of employment under an Employee's initial contract shall be considered a probationary period, during which time the School may give written notification of termination of this contract, without cause. In such event, the Employee if requested by the School, may continue to render services, and shall be paid regular compensation up to the date of termination and, in addition, there shall be paid to the Employee on date of termination a severance allowance equivalent to one month's salary (less all amounts required to be withheld and deducted). (b) The School may discharge the Employee at will and thereby terminate this Contract at any time. Cause for discharge shall include, but is not limited to: incompetence, insubordination, willful neglect of duty, cruelty to students, immorality, violation of any provision of the Contract and other failure, neglect or action on the part of the Employee which the school in good faith, determines to impair substantially the Employee's performance as a member of the school team. (c) The School is exempt from paying unemployment taxes. Therefore, no unemployment benefits will be paid upon termination, whether voluntary or non-voluntary, via the school or State of Georgia. 9. TERM. This Contract does not guarantee a right to future employment with the school. The continued employment of the Employee for subsequent years by the School shall be at the discretion of the School and shall be by separate written agreement. No later than May 1, 2015, the President will review the Employee's employment status for the 2015-2016 academic year. From Doc 1-5, This notice concludes the EEOC's processing of the above-numbered charge. The EEOC found reasonable cause to believe that violations of the statute(s) occurred with respect to some or all of the matters alleged in the charge but could not obtain a settlement with the Respondent that would provide relief for you. In addition, the EEOC has decided that it will not bring suit against the Respondent at this time based on this charge and will close its file in this case. This does not mean that the EEOC is certifying that the Respondent is in compliance with the law, or that the EEOC will not sue the Respondent later or intervene later in your lawsuit if you decide to sue on your own behalf. From Doc 1-4, I issue the following determination on the merits of this charge. Respondent is an employer within the meaning of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (Title VII). Timeliness and all other jurisdictional requirements for coverage have been met. Charging Party filed a charge alleging he was discriminated against because of his sex (sex stereotyping) in violation ofTitle VII of the Civil Rights Act of 1964, as amended. Respondent denies the allegations. The investigation reveals that Respondent infOlmed Charging Party that he could no longer retain him because of his impending marriage to his homosexual partner which violated the Respondent's mission. Based upon the evidence and the record as a whole, there is reasonable cause to conclude that the Charging Party was discriminated against because of his sex (sex stereotyping) in violation of Title VII of the Civil Rights Act of 1964, as amended. What, exactly, is the stereotype of a man marrying a man? Would the "immorality" provision of the contract apply? Was there a meeting of the minds regarding what would constitute immorality? The Catholic Church position on same-sex marriage seems clear. They should have decided not to renew the employment contract and given no reason. They do not need a reason when the contract stipulates that they may terminate the employee at will. Note that the right to terminate at will does not include the right to terminate for a reason prohibited by law. If you do not give a reason, it is difficult for the employee to establish termination for an unlawful reason. COMPLAINT at page 7, COMPLAINT at pages 9-10: 39. Mr. Dollar re-alleges and incorporates by reference herein the allegations contained in paragraphs 1 through 38 above. 40. Mr. Dollar's planned marriage to his same sex partner did not comport with Defendant's traditional gender or sex stereotypes that men marry women. 41. Defendant terminated Mr. Dollar because his plans to engage in a marriage that did not comply with traditional gender or sex stereotypes. 42. Since the Supreme Court's decision in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), the law has been clear that Title VII prohibits employers from acting upon stereotypes about sexual roles in making employment decisions. 43. Defendant violated Title VII when it terminated Mr. Dollar's employment because Mr. Dollar's planned wedding to his same sex partner did not comport with Defendant's traditional gender stereotypes. 44. Mr. Dollar is entitled to back wages, as well as compensation for non-pecuniary loss resulting from Defendant's unlawful conduct, including emotional pain and suffering, anxiety, stress, depression, and humiliation, in an amount to be determined by the jury.
#16. To: nolu chan (#13)
No more complicated than that. But just as Bush screwed up when firing the U.S. Attorneys (who serve at the pleasure of the President), the school screwed up by giving a reason when none was required.
Top • Page Up • Full Thread • Page Down • Bottom/Latest 8. TERMINATION. The Employee may terminate this agreement upon thirty (30) days written notice to the School. In such event, the Employee shall continue to render services and shall be paid regular compensation up to the date of termination, but no severance allowance shall be paid.
TO THE PERSON AGGRIEVED:
DETERMINATION
Defendant has accepted beliefs and behavior by heterosexual employees who violate or do not adhere to the Catholic Church's teachings, including the Catholic Church's teachings on marriage. Defendant accepted and employed one or more heterosexual faculty members who cohabitated while not married. Defendant accepted and employed one or more heterosexual divorced faculty members. Defendant accepted and employed one or more heterosexual faculty members who had divorced and remarried. Defendant accepted and employed non-Christian faculty members, including Jewish, Buddhist, and atheist/agnostic faculty members.
COUNT I
Sex Discrimination
(Sexual Stereotyping)
Replies to Comment # 13. "They should have decided not to renew the employment contract and given no reason. They do not need a reason when the contract stipulates that they may terminate the employee at will."
End Trace Mode for Comment # 13.
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